Littleton v. Prange
288th Judicial District Court, Bexar County, 
Partial Summary Judgment Rulings
Frank Montalvo, Judge Presiding
(from records of Maloney & Maloney originally representing Christie Lee Littleton, Plaintiff)


Cause No. 97-CI-15491

CHRISTIE LEE LITTLETON,
Individually and a Next Heir
of JONATHON MARK LITTLETON,
Deceased

Plaintiff

BEXAR COUNTY HOSPITAL DISTRICT
d/b/a UNIVERSITY HOSPITAL,
UNIVERSITY OF TEXAS, UNIVERSITY
OF TEXAS HEALTH SCIENCE CENTER
and DR. MARK A. PRANGE

Defendants

IN THE DISTRICT COURT
288th JUDICIAL DISTRICT
BEXAR COUNTY, TEXAS

PARTIAL SUMMARY JUDGMENT
AND ORDER OF SEVERANCE

On this the 17th day of August, 1998, came on to be heard Defendant's Motions for Partial Summary Judgment. All parties appeared by and through their attorneys of record and announced "ready." The Court, having considered the Motions, the summary judgment evidence attached thereto, the pleadings on file, Plaintiff's Response and the summary judgment evidence attached thereto, the stipulation entered into by all counsel and the argument of counsel, is of the opinion and so finds that Defendants are entitled to Judgment as a matter of law with respect to Christie Lee Littleton's claims as a wrongful death beneficiary and that BCHD is entitled to judgment as a matter of law with respect to the Plaintiff's negligent credentialing allegations.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant's Mark A. Prange, M.D. and Bexar County Hospital District d/b/a Univertity Hospital's Motions for Partial Summary Judgment are granted, that Plaintiff Christie Lee Littleton take nothing of and from Defendants, that Plaintiffs Ann Littleton, Individually and a Next Heir of Jonathon Mark Littleton, Susan Littleton as Next Friend of Stacey Annette Littleton and Jason Earl Littleton, Individually and as Next Heirs of Jonathon Mark Littleton and the Estate of Jonathon Mark Littleton's take nothing of and from BCHD on their claims of negligent credentialing.

IT IS FURTHER ORDERED that Christie Lee Littleton's cause of action against Defendants Mark A. Prange, M.D. and Bexar County Hospital District d/b/a University Hospital is hereby severed from the principal action so that this Judgment will be final and appealable as of the date it is signed. The Clerk of this Court is directed to Docket the severed action as Cause No. 98-CI-15220 and file therein a copy of this Partial Summary Judgment and Order of Severance. This is a final Judgment. All relief not expressly granted herein is denied.

SIGNED this the 14th day of October, 1998

_________________________
Honorable Frank Montalvo
Judge Presiding


Cause No. 97-CI-15491

CHRISTIE LEE LITTLETON,
Individually and a Next Heir of
JONATHON MARK LITTLETON,
Deceased

VS

BEXAR COUNTY HOSPITAL DISTRICT
d/b/a UNIVERSITY HOSPITAL,
UNIVERSITY OF TEXAS, UNIVERSITY
OF TEXAS HEALTH SCIENCE CENTER
and DR. MARK A. PRANGE

IN THE DISTRICT COURT
288th JUDICIAL DISTRICT
BEXAR COUNTY, TEXAS

STIPULATION

Now come Plaintiff, CHRISTIE LEE LITTLETON, Individually and as Next Heir of JONATHON MARK LITTLETON, Deceased, and BEXAR COUNTY HOSPITAL DISTRICT D/B/A UNIVERSITY HOSPITAL and DR. MARK A. PRANGE, Defendants, and file this Stipulation with the Court. The facts stipulated to solely for the purpose of the Motions for Partial Summary Judgment filed on behalf of the Defendants, and to avoid challenges to the summary judgment evidence on appeal. For purposes of the Motions for Partial Summary Judgment, Plaintiff and Defendants stipulate the following facts and agree that the Court considered these stipulated facts along with the summary judgment evidence, in determining whether to grant Defendant's Motion for Partial Summary Judgment:

Plaintiff, CHRISTIE LEE LITTLETON, was born Lee Edward Cavazos, Jr., a male, on March 29, 1952 in San Antonio, Bexar County, Texas. In approximately 1973, Plaintiff enrolled in a program at the University of Texas Health Science Center and requested a sex reassignment operation. Cavazos underwent four years of psychological and psychiatric evaluation by a number of physicians including Dr. Paul Mohl, Dr. Paul Weinberg and Dr. Donald Greer. On August 31, 1977, Cavazos' name was legally changed to Christie Lee Cavazos. Under doctor's orders, Cavazos also began receiving various treatments and female hormones. Between November of 1979 and February of 1980, Cavazos underwent three surgical procedures, which culminated in a complete sex reassignment. Plaintiff's penis, scrotum and testicles were surgically removed, and a vagina and labia were constructed. Plaintiff additionally underwent breast construction surgery.

Dr. Donald Greer, a board certified plastic surgeon, served as a member of the gender dysphoria team at the University of Texas Health Science Center in San Antonio, Texas during the time in question. Dr. Paul Mohl, a board certified psychiatrist also served as a member of the same gender dysphoria team. Both will testify that they participated in the evaluation and treatment of Plaintiff. The gender dysporia team was a multi-disciplinary team that met regularly to interview and care for transsexual patients. Dr. Greer and Dr. Mohl will testify that their background, training, education and experience is consistent with that reflected in their curriculum vitae, which are attached to their respective Affidavits in the Response to Motions for Summary Judgment.

The parties stipulate that Dr. Greer and Dr. Mohl will testify that the definition of a transsexual is someone whose physical anatomy does not correspond to their sense of being or their sense of gender, and that medical science has not been able to identify the exact cause of this condition, but it is in medical probability a combination of neuro-biological, genetic and neonatal environmental factors.

Dr. Greer and Dr. Mohl will also testify that in arriving at a diagnosis of transsexualism in Plaintiff, the program at the University of Texas Health Science Center was guided by the guidelines established by the Johns Hopkins Group and that, based on those guidelines, Plaintiff was diagnosed psychologically and psychiatrically as a genuine male to female transsexual. Dr. Greer and Dr. Mohl will testify that true male to female transsexuals are, in their opinion, psychologically and psychiatrically female before and after the sex reassignment surgery, and that the Plaintiff is a true male to female transsexual.

On or about November 5, 1979, Dr. Donald Greer served as a principal member of the surgical team who performed the sex reassignment surgery on Plaintiff. In Dr. Greer's opinion, the anatomical and genital features of Plaintiff, following that surgery, are such that she has the capacity to function sexually as a female. Both Dr. Greer and Dr. Mohl will testify that, in their opinions, following the successful completion of Plaintiff's participation in the University of Texas gender dysphoria program, Plaintiff is medically a woman.

On December 27, 1989, CHRISTIE LEE CAVAZOS and JONATHON MARK LITTLETON were issued a marriage license by the Commonwealth of Kentucky, County of Fayette. CHRISTIE LEE LITTLETON and JONATHON MARK LITTLETON were ceremonially married on December 31, 1989 by Richard Newsome, a minister of the Christian Faith Center.

On July 29, 1996, JONATHON MARK LITTLETON passed away. CHRISTIE LEE LITTLETON seeks to recover damages from Defendants for his death under the Texas Wrongful Death and Survival Statute. Defendants challenged CHRISTIE LEE LITTLETON's status as a wrongful death beneficiary by filing Motions for Partial Summary Judgment on July 23, 1998. On August 7, 1998, Plaintiff filed an Original Petition to Amend Birth Certificate and an Order was entered requiring Plaintiff's birth certificate to be changed to reflect the name "Christie Lee Cavazos" and the sex to be changed from male to female. An amended Certificate of Vital Records was issued accordingly on August 14, 1998.

SIGNED and ENTERED this ______ day of ______________, 1998

//signed by attorneys for Plaintiff and Defendants//

[Items entered into evidence: Original and Amended Birth Certificates, Court Order amending name and sex on Birth Certificate, Deposition of Christie Lee Littleton by Defendant's attorneys containing discovery of prior name of Christie Lee Littleton (which lead Defendant's attorneys to obtain the Original Birth Certificate forming the sole basis of their Motion for Summary Judgment), Affidavit of Christie Lee Littleton concerning her childhood and treatments in the University of Texas Health Science Center gender dysphoria program, and Affidavits of Dr. Donald Greer and Dr. Paul Mohl concerning treatments received by Christie Lee Littleton while in the University of Texas Health Science Center program and their statements of Christie Lee Littleton's current gender.]


Cause No. 98-CI-15220

CHRISTIE LEE LITTLETON,
Individually and a Next Heir of
JONATHON MARK LITTLETON,
Deceased

VS

BEXAR COUNTY HOSPITAL DISTRICT
d/b/a UNIVERSITY HOSPITAL,
UNIVERSITY OF TEXAS, UNIVERSITY
OF TEXAS HEALTH SCIENCE CENTER
and DR. MARK A. PRANGE

IN THE DISTRICT COURT
288th JUDICIAL DISTRICT
BEXAR COUNTY, TEXAS

MODIFIED FINAL PARTIAL SUMMARY JUDGMENT AND ORDER

On the 9th day of December, 1998, came on to be heard Plaintiff's Motion to Modify or Reform  Judgment and Plaintiff's First Amended and Supplemental Motion to Modify or Reform Judgment. All parties appeared by and through their attorneys of record and announced "ready." The Court, having considered the Motion, pleadings, Orders and Motions on file is of the opinion and so finds that Plaintiff's Motion to Modify or Reform Judgment should be and is hereby GRANTED and that Plaintiff's First Amended and Supplemental Motion to Modify or reform Judgment, should be and hereby is DENIED. The Court further finds that the parties agreed to allow trial court to amend its Order granting partial summary judgment to include the survival claim brought by Christie Lee Littleton. The parties agree that the same arguments Plaintiff raised in response to the Defendant's Motion for Partial Summary Judgment on the wrongful death claims were raised regarding Christie Lee Littleton's survival cause of action. The parties further agree that there is no administration pending on the estate of Jonathon Mark Littleton and that none is necessary; that Jonathon Mark Littleton died intestate; and that there were no estate debts at the time of Jonathon Mark Littleton's death.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff's Motion to Modify or Reform  Judgment is granted and that the Plaintiff's First Amended and Supplemental Motion to Modify or Reform Judgment is denied. The parties agree to also dispose of Christie Lee Littleton's survival cause of action and that the same substantive arguments raised in response to the Motion for Partial Summary Judgment on the wrongful death cause of action were raised with respect to the survival cause of action.

IT IS FURTHER ORDERED that the Partial Summary Judgment of October 14, 1998 is hereby modified in that summary judgment is granted on Christie Lee Littleton's standing to bring survival cause, and that Christie Lee Littleton take nothing from the Defendants on that action.

It is further ordered that the Clerk of the Court copy from Cause Number 97-CI-15491 the following documents and place the copies into Cause Number 98-CI-15220:

  1. Defendant, Dr. Mark A. Prange's First Amended Motion for Partial Summary Judgment filed on or about July 23, 1998;
  2. Motion for Partial Summary Judgment of Bexar County Hospital District filed on or about July 23, 1998;
  3. "Stipulation" of the Parties filed with the Court on or about October 20, 1998;
  4. Response of Christie Lee Littleton to Motions for Partial Summary Judgment of Dr. Mark A. Prange and Bexar County Hospital District and Alternatively, Motion for Continuance filed on or about August 10, 1998.

All other relief not specifically granted herein is denied.

SIGNED the 22nd day of December, 1998

_________________________
Honorable Frank Montalvo
Judge Presiding


If you surfed in from the Internet directly to this page
and wish to view the entire Christie Lee Littleton website,
click HERE

Last revised: Saturday, May 06, 2000 09:32 AM

Website design and hosting courtesy of 
WomynWeb
and AMCI